Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17079 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 8480 of 2024 Petitioner :- Arvind Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- Babul Kumar Sharma,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Mr. Shams Uz Zaman, learned counsel for the petitioner and learned AGA.
2. The present petition has been filed for seeking quashing of the
order dated 23.05.2024 passed by learned Session Judge, Jhansi in Criminal Revision No.18 of 2024, Under Section 420, 468, 471, 120-B IPC, P.S. Premnagar, District Jhansi.
3. At the very outset, learned AGA opposed the prayer as made in the petition and supported the impugned order to submit that it is an order of remand and, therefore, this Court should not interfere.
4. By bare perusal of the order impugned dated 23.05.2024, it appears that indisputably, the order impugned is a remand order requiring the court concerned to decide the matter afresh and by such an order, no prejudice is likely to be caused to petitioner as the matter is to be decided on merits afresh on the basis of
discussion made in the order impugned and as such, this Court does not consider it expedient to interfere because the petitioner cannot be said to be an aggrieved by such order of remand.
5. The order impugned being a remand order based upon findings of fact, in the considered opinion of this Court, no good ground exists for any kind of interference by this Court in exercise of extra ordinary powers under Article 227 of the Constitution.
6. The instant petition is accordingly dismissed.
Order Date :- 6.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad